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INTERIM EXECUTIVE COUNCIL
V.
INTERIM EXECUTIVE COMMITTEE OF THE APOSTOLIC DIVINE CHURCH OF GHANA

(1985) JELR 65421 (CA)

Court of Appeal 25 Apr 1985 Ghana
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- An unincorporated voluntary association (such as a church) lacks legal personality and cannot sue or be sued in its own name; representative actions under Order 16 r.1 & r.9 of the High Court Rules are required, and any misdescription can

Case Details

Judges:FRANCOIS JSC,MENSA BOISON JA,OSEI-HWERE JA
Counsel:ATA FOR THE APPELLANTS; NO APPEARANCE FOR THE RESPONDENTS.

FRANCOIS JSC

By a writ dated 30 January 1984 a body styling itself the “Interim Executive Committee of the Apostolic Church of Ghana” instituted proceedings against the appellants for the reliefs set down below, namely:

“(a) A declaration that the purported revocation or dissolution or both of the interim executive committee is null and void and of no effect.
(b) A declaration that the convening of the emergency delegates’ conference at Takrowase on 7 August 1982 was unauthorised, illegal, unconstitutional and at variance with the provisions of the resolution passed and adopted at the emergency delegates’ conference held at Takrowase on 19 April 1980 and is null and void and of no effect.
(c) A declaration that the resolution passed at the said emergency delegates’ conference by the defendants had no authority, jurisdiction or mandate of the interim executive committee then the ruling church council and is null and void and of no effect.
(d) An order prohibiting the defendants from exer…

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